Tuesday, October 16, 2012

The court granted defendant's motion to disqualify plaintiff's newly substituted counsel and rejected plaintiff's argument that its counsel represented a company other than defendant. "[Plaintiff's counsel] has provided records which indicate that all correspondence was directed to [defendant's parent]. It is undisputed that [the parent] is merely a holdings company and that its subsidiaries are the operating companies. . . . It is evident that the work [counsel] performed at the behest of [the parent] was, in fact, related to [defendant's] technology and, specifically, to the technology at issue in this litigation. . . . Perhaps even more significant is that the inventors of the technology at issue in this litigation were also technically employed by [the parent] even though it is undisputed that the technology belongs to [defendant]. . . . Finally, the Court finds it interesting that many of [counsel's] bills were paid, not by [the parent], but by [another subsidiary]. The fact that the invoices were paid by yet another, separate entity, and the fact that [counsel] did not object to receiving payment in this manner, further supports the conclusion that [the parent] was not [counsel's] true client."

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reads every patent infringement litigation docket sheet in the US district courts every day. The posts you see here are a small sampling of the Docket Report...see every noteworthy event in current patent litigation, complete with free links to the underlying orders, by subscribing to the Docket Report daily newsletter.